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J. Warren
J. Warren, Attorney
Category: Estate Law
Satisfied Customers: 2211
Experience:  Experience in estate planning including wills, trusts and succession planning.
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How can I revoke a living trust that I created two years

Customer Question

How can I revoke a living trust that I created two years ago? Or better still how can I retitle the two properties in the living trust back into my name?
JA: Estate laws vary by state. What state are you in?
Customer: Arizona
JA: What documents or supporting evidence do you have?
Customer: I have the trust fund and I believe the documentation for the properties,
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes, Problems within the family has made it necessary to make some changes here and now.
Submitted: 2 months ago.
Category: Estate Law
Expert:  J. Warren replied 2 months ago.

Hello and welcome! My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!

Expert:  J. Warren replied 2 months ago.

I am sorry there are family circumstances that are causing issues. A revocable living trust may be revoked by first transferring the property that was titled in the name of the trust back to the individual who created the trust (known as the grantor or trustor). That is the trustee deeds real property as trustee of the revocable living trust back to the name of the grantor/trustor. Similar, any personal property would need to be titled back to the individual (such as vehicle title).

Sample language to transfer the property is “***** *****, trustee of the ***** ***** REVOCABLE TRUST dated the _____ day of ________________, 20 _____, hereby grants to ***** *****, individual, the real property …………………”

After the property have been transferred the trustee executes a revocation of trust in front of two witnesses and has it notarized. Here is a link to a sample revocation form: http://www.lectlaw.com/forms/f181.htm

If the Trust has been recorded with the local Court which is not typically the case, but if it was, then the grantor/trustor should notify the Court the trust has been terminated. Sample notice:

"

I, ***** *****, Trustee hereby revoke the ***** ***** Revocable Living Trust, under agreement dated ________________, ________, according to the power reserved to me by said agreement.

All property held in the trust shall be returned to the grantor/trustor.

_____________________________________ Dated: ______________

***** *****, Grantor/Trustor and Trustee

Certificate of Acknowledgment of Notary Public

State of _____________________

County of ____________________

On __________________, before me, _________________________, a notary public for said state, personally appeared _________________________, proved to me on the basis of satisfactory evidence to be the persons whose names are ***** ***** the within instrument, and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument.

Witness my hand and official seal.

_____________________________________

NOTARY PUBLIC _____________________

My commission expires __________________."

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